Sentencing Guidelines – Restitution

By: Derek Hawkins//April 20, 2020//

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7^th Circuit Court of Appeals

Case Name: United States of America v. Monica Hernandez

Case No.: 19-1505

Officials: EASTERBROOK, KANNE, and ST. EVE, Circuit Judges.

Focus: Sentencing Guidelines – Restitution

A jury found Monica Hernandez guilty of mail fraud for her participation in a fraudulent mortgage trust company. Hernandez appeals her conviction, arguing that the government did not prove that she used the mails in furtherance of the scheme to defraud. Her sentence also includes sizable restitution, and she contends that the district court improperly delegated its authority to the Bureau of Prisons by not entering a specific payment schedule for her to follow while serving her prison sentence. But sufficient evidence supports the mail fraud convictions, and the district court permissibly deferred Hernandez’s restitution payments until after her release, so we affirm the judgment.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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